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    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
    • Hmm, that's strange how they got my email then.  I assume the below is ok to send to DCBL, Nicky?  Hello, I am writing regarding our ongoing dispute and the upcoming court claim reference xxxxxxxx. To ensure fairness and transparency in our communications leading up to the court hearing, I request that you use postal mail exclusively for all further correspondence related to this claim. Please refrain from sending any communication or documents via email. Thank you for your understanding and cooperation. If you have any questions or need clarification, please feel free to contact me via postal mail at the address provided above. Yours sincerely, xxxx
    • In the SAR, I received the original application, lots of computer print outs, yearly statements from 2013 and the new emails regarding my complaint. They sent me a £50 cheque after I chased them for the SAR after the 30 days. They said they was waiting for me to respond to an email (which I never received) before sending the SAR
    • classic P2G. I'm sure dianne and Lesley will pop an email to you at some point.
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home contents insurance claim on dropped laptop


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Hi guys and gals xx

 

Im not sure this is the right forum but here goes,

 

I was carrying my 4yr old laptop up the stairs last week and as my hands were a little sweaty i accidentely dropped it down the stairs and it bonced its way to the bottom, After i picked it up it dosnt look like anything has happened to it with no signs of damage, But when i try and switch it on there are lines on the screen and some very funnu noises coming from it, I took it to my local computer shop who took a look at it and advised me that the motherboard was damaged and was not worth repairing and sudgested i claim on my home contents insurance,

 

As this was a very expensive laptop and im not in the position at the moment to go and buy a new one i thought this was a sensible option and proceded to make a claim with axa insurance who ive been with for over 5yrs and have never had to make a claim,

 

Anyways, this is where it all goes pear shaped :( The guy i spoke to was polite and clear and asked me how i had dropped it to which i explained and then told me he would go and check my policy and get back to me in a few mins with more information, After a short time, less that 2 mins i was told that as i had been carrying the laptop up the stairs that i was not covered becouse they dont cover laptops in if there being carried while damaged WTF !!!!!

 

I explained to him that the whole idea of a laptop was that it was a portable computer and spends most of its life being carried, After 20 mins of getting nowhere with this guy being told the same thing over and over again i put the phone down in disgust,

 

here is the policy for my insurance and to what i can read and understand , Is that i should be covered, Im absolutely gutted at the moment and have had to borrow a laptop from a friend for work, I use my laptop every day for work and personal use and to be told that my insurance is useless in this matter is a serious blow for me,

 

If anyone thinks they can help then please do, Thanks

 

http://www.axani.co.uk/Download/AXA-home-insurance-flexible-summary.pdf

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Ok, I have read the full Axa policy document and Axa may be right. They do exclude accidental damage to portable entertainment if damage occurs while being transported, carried or moved. This exclusion is noted under Contents section 16 Entertainment Equipment.

 

Where you may be covered, if you have the section of cover under your policy. The section of cover is Section D, the extended cover for Personal Belongings and valuables. If you have that section of cover, I can't see that the claim would be excluded. If they say it is excluded, come back with their explanation.

 

When you arranged the policy, did you speak to someone at Axa ? If so did you mention that you needed to cover the laptop? I mention this, as if Axa have made a mistake in not arranging the cover to suit your needs, then you may have some comeback.

We could do with some help from you.

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hi and thanks for the reply :)

 

I arranged it with direct choice who arew brokers, and yes i asked for accidental damage to equipment, But what if axa say i aint got that in my cover, Can i blaim the broker direct choice??

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If you have not got the Section D cover to cover accidental damage to portable equipment e.g Laptop , start an official complaint with Direct Choice. Phone them and ask them for details of their complaints process, saying that you want an official complaint noted, just in case it is necessary to refer to the FOS.

 

When you arrange cover with a broker, they should have a standard set of questions to ask, to understand your needs in terms of the cover required. If you stated that you wanted accidental damage cover, they should have been aware of the exclusion that related to damage to laptops being moved in the home and recommended the optional Section D cover.

We could do with some help from you.

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Hi guys, Update xxx

 

My insurance company are now willing to pay out on damaged laptop but only if i provide proof that i bought the damm thing in the first palce.

 

Surely owning the laptop is my proof of purchase, Its not that im claiming for something that i cant provide like a diamond ring thats been stolen,

 

They are just repeating that i need to provide a reciept of some kind and the problem is that i just dont remember where i bought it from 4yrs ago, Online, store, ect ect, Ive phoned currys and comet where i think i bought it from but theres no way they can trace it without certian detials like date, payment details yada yada :(

 

Where do i stand in all of this, Its getting me down :( Its like im being treated like a criminal

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If you search the FOS articles on claims they have dealt with. They advise that owners manuals and other booklets obtained at the time of buying are acceptable proof. You don't have to provide a receipt or bank/credit card statement showing the purchase.

 

This is a sign of the times I am afraid. Basically you have to prove you are innocent, before they will pay out.

 

This is just one snippett from a claim the FOS looked at.

 

"We reminded the insurer that possession of a receipt was not the only means of establishing ownership. If Mr B was unable to ask his friend for the receipt – or for a copy of her credit card statement showing the purchase of the watch – he might be able to produce the guarantee or the box the watch had come in. Or he might have a photograph that clearly showed him wearing the watch. "

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Yes provided you can show ownership, then you should be ok.

 

I think what the Insurers are trying to avoid, is a situation where someone has got hold of an old laptop to make a claim against, so they can get a new replacement.

 

If Insurers are still being a pain, phone the FOS and see if they will intervene. According to many posts I have read, the FOS are increasingly willing to intervene with Insurers, to avoid people having to needlessly submit a formal complaint later on.

We could do with some help from you.

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I don't think AXA have a leg to stand on by asking for proof of ownership on an item that is there to be viewed.

The question of insurable interest only tends to come in to play when insured singular items i.e. car insurance.

You could be loaning/borrowing the laptop, and unless made very clear that all items must be owned by you, the policy would still grant you indemnity.

 

ok, so if you did buy a second hand laptop and claim new, if it is a new for old policy that's AXA's problem.

 

If it drags on anymore go to FOS.

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Also if they do accept my claim and the laptop is non repairable and offer me a replacement,

 

Can i choose a simular spec and keep the hp brand as i dont want to be stuck with some low end rubbish machine as i need it to last,

 

And like i said i paid nearly a grand for the machine i have now as i use it daily for work and cant afford for it to breakdown,

 

can someone tell me what the equivelent spec would be in todays laptops :)

 

This is the laptop that has been damaged

 

http://h10025.www1.hp.com/ewfrf/wc/document?lc=en&dlc=en&cc=us&docname=c00702111&product=3204931

Edited by andy8
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If Insurers offer to replace, they may put you in touch with their suppliers. They will have a book which will show the equivalent replacement model. I suspect that they will have HP as an option.

 

The way I think it works with most suppliers is that they look at where the model fitted in to the HP range i.e. low, mid, high, what the Laptops functions were, size of screen. They will then look to replace with the a model that is in the same range, with the same fuctions etc. They would do it this way, as obviously technology moves on. What would have been a middle range machine at the time of purchase would now be considered in terms of spec, a low end range machine.

 

If you mention that you use the laptop for business they will ask what it is used for. They could use this as a reason to delay the claim further. If the laptop was purchased purely for business and used away in an office, they will say it should have been Insured by the business.

We could do with some help from you.

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  • 3 weeks later...
can i also state that i want new and nothing refurbished? the people that are dealing with the suppliers of the claim are called bevalued, they sell alot of stuff on ebay so i dont want to end up with someone elses laptop

 

ebay eBay My World - bevalued

 

website BeValued

 

there's no way they can enforce a refurbished laptop on you if your policy is new for old.

 

Seems strange to me that they would even try to turn your claim down for dropping it whilst carrying in the first place -it's portable. whats the point of owning a laptop if you dont move around with it?

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It's pretty standard for home contents to exclude a portable computers from cover if carried. I'm not sure if it's an exclusion that needs to be brought to a consumers attention.

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  • 4 weeks later...
can i also state that i want new and nothing refurbished? the people that are dealing with the suppliers of the claim are called bevalued, they sell alot of stuff on ebay so i dont want to end up with someone elses laptop

 

ebay eBay My World - bevalued

 

website BeValued

 

 

Hi Andy,

 

I am in a similar situation to you. Can I ask how your claim was resolved? Were you offered a choice of replacements? Did you accept? If so what model did you receive and was it like-for-like?

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